8 CFR 103.22 - Records exempt in whole or in part.

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There are 2 Updates appearing in the Federal Register for 8 CFR 103. View below or at eCFR (GPOAccess)
§ 103.22 Records exempt in whole or in part.
(a) When individuals request records about themselves which are exempt from access pursuant to the Privacy Act exemptions in 5 U.S.C. 552a(d)(5), (j) or (k), their requests shall also be considered under the Freedom of Information Act, 5 U.S.C. 552, and, unless the records are exempt under both Acts, the request shall be granted. If exemptions under both Acts permit the denial of the records sought and there is good reason to invoke the exemptions, the individual shall be provided a denial of his/her request in writing with the governing exemptions cited. If the disclosure of the existence of a criminal law enforcement proceeding record could itself interfere with a pending law enforcement proceeding of which there is reason to believe the subject is unaware, the Service may, during only such time as the circumstance continues, treat the records as not subject to the requirements of 5 U.S.C. 552.
(b) Individual requests for access to records which have been exempted from access pursuant to 5 U.S.C. 552a(k) shall be processed as follows:
(1) A request for information classified by the Service under Executive Order 12356 on National Security Information requires the Service to review the information to determine whether it continues to warrant classification under the criteria of the Executive Order. Information which no longer warrants classification shall be declassified and made available to the individual, if not otherwise exempt. If the information continues to warrant classification, the individual shall be advised that the information sought is classified; that it has been reviewed and continues to warrant classification; and that it has been exempted from access under 5 U.S.C. 552a(k)(1). Information which has been exempted under 5 U.S.C. 552a(j) and which is also classified, shall be reviewed as required by this paragraph but the response to the individual shall be in the form prescribed by paragraph (a) of this section.
(2) Requests for information which has been exempted from disclosure pursuant to 5 U.S.C. 552a(k)(2) shall be responded to in the manner provided in paragraph (a) of this section unless a review of the information indicates that the information has been used or is being used to deny the individual any right, privilege or benefit for which he is eligible or to which he would otherwise be entitled under Federal law. In that event, the individual shall be advised of the existence of the record and shall be provided the information except to the extent it would identify a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletions made or the summary shall be furnished to the requester.
(3) Information compiled as part of an employee background investigation which has been exempted pursuant to 5 U.S.C. 552a(k)(5) shall be made available to an individual upon request except to the extent that it identifies a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletions made or the summary shall be furnished to the requester.
(4) Testing or examination material which has been exempted pursuant to 5 U.S.C. 552a(k)(6) shall not be made available to an individual if disclosure would compromise the objectivity or fairness of the testing or examination process but shall be made available if no such compromise possibility exists.
(5) The Service records which are exempted and the reasons for the exemptions are enumerated in 28 CFR 16.99.
[40 FR 44481, Sept. 26, 1975, as amended at 48 FR 49653, Oct. 27, 1983; 58 FR 31149, June, 1, 1993]

Title 8 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 8.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-17; vol. 78 # 74 - Wednesday, April 17, 2013
    1. 78 FR 22770 - Immigration Benefits Business Transformation, Increment I; Correction
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services
      Correcting amendment.
      The effective date of this correcting amendment is April 17, 2013.
      8 CFR Parts 103 and 208

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United States Code
Statutes at Large
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Executive Order ... 12356

Title 8 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR 103 after this date.

  • 2013-04-17; vol. 78 # 74 - Wednesday, April 17, 2013
    1. 78 FR 22770 - Immigration Benefits Business Transformation, Increment I; Correction
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services
      Correcting amendment.
      The effective date of this correcting amendment is April 17, 2013.
      8 CFR Parts 103 and 208